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Pregnancy and the law

 
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ESLTeacher09



Joined: 24 May 2009

PostPosted: Sat Aug 07, 2010 11:39 pm    Post subject: Pregnancy and the law Reply with quote

I just found out that I'm pregnant. I'm fourteen months into a two-year contract, so Baby-makes-four is due to make his/her appearance before my contract is up.

I know that Korean labor law includes provisions to protect pregnant employees, but I've been told that these laws supposedly only apply to Korean workers. I'm planning to call the Labor Board help hotline tomorrow and see what they say, but would also like to hear from any foreigner who has been in a situation.
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ttompatz



Joined: 05 Sep 2005
Location: Kwangju, South Korea

PostPosted: Sun Aug 08, 2010 12:14 am    Post subject: Re: Pregnancy and the law Reply with quote

ESLTeacher09 wrote:
I just found out that I'm pregnant. I'm fourteen months into a two-year contract, so Baby-makes-four is due to make his/her appearance before my contract is up.

I know that Korean labor law includes provisions to protect pregnant employees, but I've been told that these laws supposedly only apply to Korean workers. I'm planning to call the Labor Board help hotline tomorrow and see what they say, but would also like to hear from any foreigner who has been in a situation.


Korean labor law does not differentiate between Korean nationals and legal, foreign workers.

.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Sun Aug 08, 2010 7:00 am    Post subject: Reply with quote

The law may be in your corner, but it doesn't mean that the employer will abide by the law. If they want to, they'll ignore it and then you'll have to fight them over it. I think that there are many employers who would just fire you (for any real or made up reason) just to shirk their responsibilities.
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ESLTeacher09



Joined: 24 May 2009

PostPosted: Sun Aug 08, 2010 8:06 am    Post subject: Reply with quote

Troglodyte wrote:
The law may be in your corner, but it doesn't mean that the employer will abide by the law. If they want to, they'll ignore it and then you'll have to fight them over it. I think that there are many employers who would just fire you (for any real or made up reason) just to shirk their responsibilities.

This is my fear. Every single Korean teacher who has gotten pregnant while at this school has "quit" at least a couple of months before giving birth, and I know that at least one of them was terminated.
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Steve_Rogers2008



Joined: 22 Mar 2010

PostPosted: Sun Aug 08, 2010 12:29 pm    Post subject: Reply with quote

One was fired, or one had a 'procedure...'? Shocked
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ChilgokBlackHole



Joined: 21 Nov 2009

PostPosted: Sun Aug 08, 2010 1:45 pm    Post subject: Reply with quote

ESLTeacher09 wrote:
Troglodyte wrote:
The law may be in your corner, but it doesn't mean that the employer will abide by the law. If they want to, they'll ignore it and then you'll have to fight them over it. I think that there are many employers who would just fire you (for any real or made up reason) just to shirk their responsibilities.

This is my fear. Every single Korean teacher who has gotten pregnant while at this school has "quit" at least a couple of months before giving birth, and I know that at least one of them was terminated.

That's because it's what they do.

They're expected, culturally, to do that. You? I don't know.
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DHC



Joined: 15 Jan 2003

PostPosted: Sun Aug 08, 2010 1:56 pm    Post subject: Reply with quote

You are entitled to the same benefits under the Labor Law as a Korean employee. If you are fired before you give birth and it can be proven that you were fired because you were pregnant then your employer is liable. You can pursue your case through either the Labor Relations Commission or the civil courts or first the LRC and then civil court. Make sure that you put every communication with your employer in writing. As soon as you are eligible for maternity leave submit a written request to your employer.
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jinju necklace



Joined: 15 Jun 2009

PostPosted: Sun Aug 08, 2010 4:41 pm    Post subject: Reply with quote

You are entitled to 2 months of paid maternity leave, and 1 month of unpaid maternity leave from your employer. If you pay unemployment insurance each month, then you get receive pay from the government during your 3rd month of maternity leave . However, the majority of foreigners do not pay unemployment insurance, so you need to find out from your employer if they have been making deductions for this from your monthly pay.

Also, at least 45 days of your total maternity leave must be taken after the birth of your baby.

These benefits are guaranteed by law for all legal workers in Korea. You can confirm this with the labor board.
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ESLTeacher09



Joined: 24 May 2009

PostPosted: Tue Aug 10, 2010 8:42 pm    Post subject: Reply with quote

Just to update, the school responded to the news by terminating us. So much for the 5+ years of loyal service I gave them.

I'm going to call the labor board and see what, if any, recourse I have. At this juncture, I just want to put in the rest of my time, collect the pittance they're required by law to pay me, and get the heck out of here. Confused

Oh, and on top of that, the doctor suspects I may be miscarrying for the fourth time. I go back for more bloodwork tomorrow to see whether hCG levels are rising or falling.
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Troglodyte



Joined: 06 Dec 2009

PostPosted: Wed Aug 11, 2010 2:06 am    Post subject: Reply with quote

If you've been there for 5 years already, then you really should go to the labor board and a lawyer if necessary.

Good luck with that.
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